sustained H-1B Case: Energy Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 4789411 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 27, 2020 
The Petitioner, a consulting services company, seeks to temporarily employ the Beneficiary under the 
H-lB nonimmigrant classification for specialty occupations. See Immigration and Nationality Act 
(the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-lB program allows a 
U.S. employer to temporarily employ a qualified foreign worker in a position that requires both (a) the 
theoretical and practical application of a body of highly specialized knowledge and (b) the attainment 
of a bachelor's or higher degree in the specific specialty ( or its equivalent) as a minimum prerequisite 
for entry into the position . 
The Director of the Vermont Service Center denied the petition, concluding that the evidence of record 
does not establish that the proffered position qualifies as a specialty occupation. Upon de nova review, 
we will sustain the appeal. 
We conclude that the record establishes that the nature of the specific duties is so specialized and 
complex that the knowledge required to perform them is usually associated with the attainment of a 
bachelor's or higher degree in a specific specialty, or its equivalent. Specifically, the Petitioner has 
provided a detailed job description and explained why the duties are specialized and complex. The 
Petitioner has also established that the duties require specialized knowledge usually associated with a 
bachelor's or higher degree in energy engineering, or a related field. Therefore, the record satisfies 
the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). Further, the Petitioner has established that the 
proffered position qualifies for classification as a specialty occupation as defined by section 214(i)(l) 
of the Act, 8 U.S.C. § 1184(i)(l), and 8 C.F.R. § 214.2(h)(4)(ii). 
ORDER: The appeal is sustained.